Madras High Court
Palaniammal vs V.Anbalagan on 20 January, 2021
C.M.A.No.31 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.31 of 2021
1.Palaniammal
2.Masal Naicker .. Appellants
Vs.
1.V.Anbalagan
2.M/s.New India Assurance Company Ltd.
Sethu Krishna trading centre
No.133/31-A, 2nd floor
Trichy main road, Gugai
Salem-636 006. .. Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree dated 07.08.2019 made
in M.C.O.P.No.487 of 2017 on the file of Motor Accident Claims Tribunal,
Additional District Court, Namakkal.
1/8
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C.M.A.No.31 of 2021
For Appellants : Mr.A.Sathishkumar
for Mr.C.Thangaraju
For R2 : Mr.J.Chandran
JUDGMENT
This matter is heard through 'Video-conferencing'.
The Civil Miscellaneous Appeal is filed for enhancement of
compensation granted by the Tribunal in the award dated 07.08.2019 made in
M.C.O.P.No.487 of 2017 on the file of Motor Accident Claims Tribunal,
Additional District Court, Namakkal.
2.The appellants are claimants in M.C.O.P.No.487 of 2017 on the file
of Motor Accident Claims Tribunal, Additional District Court, Namakkal.
They filed the said claim petition claiming a sum of Rs.5,00,000/- as
compensation for the death of their mother viz., Bommayee, who died in the
accident that took place on 14.04.2016.
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C.M.A.No.31 of 2021
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the driver of the mini auto belonging to the 1st respondent and directed the 2nd
respondent/Insurance Company being insurer of the said mini auto to pay a
sum of Rs.3,80,300/- as compensation to the appellants.
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellants have come out with the present appeal seeking enhancement of
compensation.
5.The learned counsel appearing for the appellants contended that at
the time of accident, the deceased was working as a coolie and was earning a
sum of Rs.10,000/- per month. The Tribunal without considering the same,
fixed only a meagre sum of Rs.4,000/- per month as notional income of the
deceased. The Tribunal ought to have fixed a sum of Rs.6,000/- per month as
notional income of the deceased. In the accident, the deceased suffered two
fractures. He underwent three surgeries. The deceased was admitted in the
hospital as in-patient from 14.04.2016 to 16.05.2016. Inspite of treatment, he
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C.M.A.No.31 of 2021
died on 27.05.2016. The deceased would have suffered more pain. The
Tribunal failed to award any compensation towards pain and suffering,
attendant charges. The compensation awarded by the Tribunal towards
transportation is meagre. The Tribunal has not awarded any amount towards
loss of love and affection and prayed for enhancement of compensation.
6.Per contra, the learned counsel appearing for the 2nd
respondent/Insurance Company contended that the appellants failed to prove
the avocation and income of the deceased. In the absence of any material
evidence, the Tribunal fixed a sum of Rs.4,000/- per month as notional
income of the deceased, which is not meagre. The amounts awarded by the
Tribunal under different heads are excessive. Therefore, the appellants are not
entitled to any enhancement of compensation and prayed for dismissal of the
appeal.
7.Heard the learned counsel appearing for the appellants as well as the
2nd respondent/Insurance Company and perused the entire materials available
on record.
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C.M.A.No.31 of 2021
8.From the materials on record, it is seen that it is the contention of the
appellants that the deceased was aged 80 years at the time of accident, she
was working as a coolie and was earning a sum of Rs.10,000/- per month.
The appellants failed to substantiate the said contention. In the absence of any
material evidence, the Tribunal fixed a sum of Rs.4,000/- per month as
notional income of the deceased. The accident is of the year 2016 and the
notional income fixed by the Tribunal is meagre. Hence, a sum of Rs.6,000/-
per month is fixed as notional income of the deceased. The Tribunal applied
multiplier '5' and deducted 1/3rd towards personal expenses and the same is
proper. Thus, the compensation awarded by the Tribunal towards loss of
dependency is modified to Rs.2,40,000/- (Rs.6,000/- X 12 X 5 X 2/3). The
Tribunal has not awarded any compensation towards loss of love and
affection and hence, a sum of Rs.40,000/- is awarded towards loss of love and
affection to the appellants. The amounts awarded by the Tribunal under all
other heads are not meagre and hence, the same are hereby confirmed.
9.It is well settled that the Tribunal and the Courts have to award just
compensation. Though the claimants have claimed lesser compensation, the
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C.M.A.No.31 of 2021
Courts have power to grant just compensation, more than the amount claimed
by the claimants. Thus, the compensation awarded by the Tribunal is
modified as follows:
S.No Description Amount Amount awarded Award
awarded by by this Court confirmed or
Tribunal (Rs) enhanced or
(Rs) granted or
reduced
1. Loss of 1,60,020 2,40,000 Enhanced
dependency
2. Loss of estate 15,000 15,000 Confirmed
3. Funeral 15,000 15,000 Confirmed
expenses
4. Medical bills 1,85,265 1,85,265 Confirmed
5. Transportation 5,000 5,000 Confirmed
6. Loss of love - 40,000 Granted
and affection
Total 3,80,285 5,00,265 Enhanced by
rounded off to rounded off to Rs.1,20,000/-
3,80,300 5,00,300
10.In the result, this Civil Miscellaneous Appeal is allowed and the
compensation awarded by the Tribunal at Rs.3,80,300/- is hereby enhanced to
Rs.5,00,300/- together with interest at the rate of 7.5% per annum from the
date of petition till the date of deposit. The 2nd respondent/Insurance
Company is directed to deposit the award amount now determined by this
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C.M.A.No.31 of 2021
Court along with interest and costs, less the amount already deposited, if any,
within a period of six weeks from the date of receipt of a copy of this
judgment. On such deposit, the appellants are permitted to withdraw their
respective share of the award amount now determined by this Court, as per
the apportionment fixed by the Tribunal along with proportionate interest and
costs, less the amount if any, already withdrawn. No costs.
20.01.2021
Index : Yes / No
kj
To
1.The Additional District Judge
(Motor Accident Claims Tribunal
Namakkal.
2.The Section Officer
V.R.Section
High Court, Chennai.
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C.M.A.No.31 of 2021
V.M.VELUMANI, J.,
kj
C.M.A.No.31 of 2021
20.01.2021
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